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Original Date Announced
June 22, 2020DHS has removed a regulatory provision stating that USCIS has 30 days from the date an asylum applicant files the initial Form I–765, Application for Employment Authorization (EAD application), to grant or deny that initial employment authorization application. This rule also removes the provision requiring that the application for renewal must be received by USCIS 90 days prior to the expiration of the employment authorization. This rule was signed by Chad Mizelle, Senior Official Performing the Duties of the General Counsel, on behalf of Acting Secretary Wolf.
[ID #985]
Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization ApplicationsEffective Date
August 21, 2020Subsequent Trump-Era and Court Action(s)
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September 11, 2020
CASA de Maryland Preliminary Injunction
Preliminary injunction granted Sept. 11, 2020--CASA de Maryland v. Wolf (D. Maryland), but limited to members of plaintiff organizations.
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November 24, 2020
Policy Alert on Asylum EAD Applications Following Preliminary Injunction
USCIS issued an alert regarding the steps it is taking to comply with the September 11, 2020, preliminary injunction in Casa de Maryland v. Wolf concerning the application of certain regulatory changes to Forms I-589 and I-765 filed by asylum applicants who are CASA or ASAP members.
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December 23, 2020
Complaint, AsylumWorks v. Wolf (D.D.C. Dec. 23, 2020)
Individual and organizational plaintiffs filed suit against the Department of Homeland Security, Acting Secretary Chad Wolf, and Acting DHS General Counsel Chad Mizelle in D.D.C, seeking declaratory and injunctive relief regarding two rules (85 Fed. Reg. 38,352 and 85 Fed. Reg. 37,502) limiting asylum seekers' access to EADs. Plaintiffs raise Appointments validity claims as well as others.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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February 7, 2022
2022.02.07 AsylumWorks v Mayorkas
On February 7, 2022, The D.C. District Court invalidated two DHS rules (85 Fed. Reg. 38,352 and 85 Fed. Reg. 37,502) that limited asylum seeker access to employment authorization documents. The Court found that these rules were "void ab initio because, at the time of their promulgation, Chad Wolf was not lawfully serving as Acting Secretary of Homeland Security."
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document
Biden Administration Action: Approved/Retained
May 4, 20212021.05.04 RATIFICATION
On May 4, 2021, Secretary Mayorkas ratified prior delegable actions and decisions regarding the approval, issuance, signing, and publication of the Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications rulemaking.
View DocumentBiden Administration Action: Approved/Retained
May 7, 2021DHS Ratifies Rule that Removes 30 Day EAD Processing Requirement _ Homeland Security
Secretary Mayorkas ratifies the policy identified in this entry. On May 7, 2021, DHS issued a press release announcing they were ratifying the Trump administration rule, while acknowledging the importance of issuing timely work authorizations.
View DocumentBiden Administration Action: Under Study
June 14, 2021Rescission of "Asylum Application, Interview, & Employment Authorization" Rule and Change to "Removal of 30 Day Processing Provision for Asylum Applicant Related Form I-765 Employment Authorization"
This notice made known the Biden administration's intent to rescind or substantively revise the Trump-era policy identified in this entry.
DHS announced in the Uniform Regulatory Agenda that it plans to issue a notice of proposed rulemaking that would rescind or substantively revise two final rules related to employment authorization for asylum applicants, including the August 21, 2020 final rule that removed DHS regulatory provisions stating that USCIS has 30 days from the date an asylum applicant files the initial Form I-765, Application for Employment Authorization, to grant or deny that initial employment authorization application.
View DocumentBiden Administration Action: Approved/Retained
July 30, 20212021.07.30 Ratification of Department Actions
This Biden administration policy ratifies the Trump-era policy identified in this entry.
On July 30, 2021, DHS issued a notice confirming Secretary Mayorkas's May 4, 2021, ratification of the September 9, 2019, and June 22, 2020, Trump-era policies.
View DocumentBiden Administration Action: Modified
December 7, 20212021.12.07 Rosario Class Action
This Biden administration action modifies the Trump-era policy identified in this entry.
On December 7, 2021, USCIS modified its guidance delineating which applications it must still adjudicate within 30 days.
View DocumentCurrent Status
Partially in effectMay 4, 2021Acted on by Biden Administration
May 7, 2021Acted on by Biden Administration
June 14, 2021Acted on by Biden Administration
July 30, 2021Acted on by Biden Administration
December 7, 2021Acted on by Biden Administration
Original Trump Policy Status
Trump Administration Action: RuleSubject Matter: Asylum, Withholding and CAT LaborPre Trump-Era Policies
- January 1, 2012 8 CFR 208.7 (2012)
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
85 FR 37502 (June 22, 2020).
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Prior Policy
Original Source:
8 C.F.R. § 208.7 (2012)
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Subsequent Action
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Subsequent Action
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Subsequent Action
Original Source:
Complaint, AsylumWorks v. Wolf (D.D.C. Dec. 23, 2020)
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Subsequent Action
Original Source:
AsylumWorks v. Mayorkas (D.D.C. Feb. 7, 2022)
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Other
Original Source:
84 FR 47148 (Sept. 9, 2019).
Commentary
Miami Herald - In latest crackdown, asylum seekers face new hurdles to get U.S. work permits
Go to article on miamiherald.com